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Author Topic: Divorce without my presence or bigamy case?  (Read 722 times)

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Offline Tina_trina

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Divorce without my presence or bigamy case?
« on: July 31, 2016, 06:52:35 AM »
I am European married to Indian in 2014 in Delhi by Hindu marriage act 1955. I was converted to Hindu. We lived six months in India than I went home to deliver our baby. During one year I was not able to return India becouse of documents for kid. I found out that my husband had another woman all this time and they got married in 2016 in USA (she is American). He told her our divorce is done. I read that by Indian law it's possible to get divorce ex-party when wife is away and not present herself in court , is it possible to find out if he divorced me or no? Or he did bigamy?? My husband don't answer me about this. If he divorced can I still apply for child support and alimony? What evidence i need to proof him of having extra martial affair on my back?
Thank you for any help and advice.

Offline advarjun

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Re: Divorce without my presence or bigamy case?
« Reply #1 on: July 31, 2016, 08:16:13 AM »
ex parte divorce is not given so easily and surely not given within a year. so the chances of your husband actually got divorce from you is remote in fact no chance.

have u got the exparte divorce decree? i am sure you have not.

as of now you first file an FIR against your husband, let the police get the details for you.

simultaneously file a Domestic violence case and also under section 498a.

than file for child maintenance and your maintenance.

once you have done this much the entire story will come out.
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Offline advjaibansal

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Re: Divorce without my presence or bigamy case?
« Reply #2 on: August 01, 2016, 01:00:47 AM »
Dear Ma'am,

Its not easily possible to get ex-parts divorce from the wife from the Indian court. First the husband has to satisfy that despite repeated service of notice from the court, the wife has failed to appear. There is no way you can find out that divorce is granted or not unless the same is served upon you. As you don't know which court it was filed and where it was filed. Here in Indian no such centralised information is kept about the cases pending in the court, where you can search your name or your husband name.

Yes, you can claim maintenance from the husband, please show you ignorance that you are aware of any divorce when you file your petition. let your husband come and say that the divorce is granted. the maintenance case can be filed in Delhi or in the country where you are staying. Its more advisable to file at the place where husband is residing. It will become easy to execute the order.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Tina_trina

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Re: Divorce without my presence or bigamy case?
« Reply #3 on: August 01, 2016, 02:09:28 AM »
Thank you both very much for answers! No, I didn't get any decree about divorce, my husband don't talk about this to me. He lied to his American girl about everything, she ready to give me proofs of his cheating and do annulation of their marriage now. By any chance can I apply for FRI from my country (with lawer help maybe) or my presence in India is must? I am just afraid to go with little kid there, don't know what to expect from husband.

Thank you for any advice!

Offline Tina_trina

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Re: Divorce without my presence or bigamy case?
« Reply #4 on: August 01, 2016, 02:13:26 AM »
By any chance can I ask him to make mutual divorce and make official alimony and child support ? So that we don't go into divorce for cruelty reason etc. Or better to apply FRI at once without telling him?

Offline advjaibansal

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Re: Divorce without my presence or bigamy case?
« Reply #5 on: August 01, 2016, 05:34:51 AM »
Dear Ma'am,

Please collect the proof of second marriage from that girl first. Once you collect the proof then file a criminal complaint for biagamy along with proof through the indian embassy in India against the husband.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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